Adoption procedure

An adopted child can be transferred to a family only by a court decision. The adoption procedure is quite complicated and lengthy, involving a lot of paperwork and requiring a lot of time and perseverance from potential parents. If the child reaches the age of 10, necessary condition is his consent.

Requirements for parents

There are a number of strict restrictions for potential adoptive parents, including for health reasons and age. Also, when considering the issue of adoption, the court takes into account the financial situation of the parents, the availability of sufficient living space. For foreign citizens, the adoption procedure is the only way to adopt a child from Russia into the family.

Rights and obligations of parents

From a legal point of view, a child after adoption is equated to blood, and parents bear full responsibility for it. They have the opportunity to give the child their last name, change the first name, patronymic, and in some cases the date of birth. The interests of the child and his new family are called upon to protect the secrecy of adoption, the law establishes punishment for its disclosure against the will of the adoptive parents. Guardianship authorities are required to monitor the family annually for at least three years after adoption.

Parental cash and child benefits

The state does not provide additional assistance to the family, except for the provision of post-natal leave to the mother and payments in connection with the birth of a child if an infant under three months old is adopted. Cash benefit for adopted child equal to the statutory blood child allowance. After adoption, the child receives all the rights of a relative, including property, but at the same time loses the benefits that he had as an orphan (for example, the right to receive housing from the state after reaching the age of 18, benefits when entering educational establishments etc.).

An adopted child is equalized in rights with natural children, it is possible to remove him from the family only if his parents are deprived parental rights.

How to apply for an adoption?

You want to adopt a child, but do not know where to turn and how to start this procedure. First you need to contact the guardianship and guardianship authority, which is located at your place of residence.

You need to come to the guardianship authority with a passport or other document proving your identity and confirming your place of residence in this locality. If you are or are married, please bring your marriage certificate with you. A PLO specialist will talk with you, tell you about the adoption procedure and its consequences, and name the documents that need to be drawn up for adoption.

The main documents are:

  • A medical report on the state of health, drawn up on a special form with a list of specialists you must visit.
  • Documents confirming family income: either a certificate from the place of work indicating the position and salary (for employees), or a duly certified copy of the income declaration.
  • Documents on living conditions: a copy of the financial and personal account and an extract from the house (apartment) book, if the housing is municipal. If the housing is privatized or is privately owned, then documents confirming the ownership of the residential premises: a contract of sale, a certificate of registration of ownership.
  • Certificate from the Department of Internal Affairs (OVD) on the absence of a criminal record. You will also be asked to write an application in the prescribed form and an autobiography.

Specialists will study the documents, check your living conditions and issue a conclusion on the possibility of being an adoptive parent. This document gives you the right to start looking for a child.

  • Custody / guardianship

guardianship

guardianship- the form of placement of minor citizens (under the age of fourteen), in which the citizens (guardians) appointed by the guardianship and guardianship authority are the legal representatives of the wards and perform all legally significant actions on their behalf and in their interests;

guardianship- a form of placement of minors between the ages of fourteen and eighteen years, in which the citizens (custodians) appointed by the guardianship and guardianship body are obliged to assist minors in the exercise of their rights and obligations, to protect minors from abuse by third parties, and also to give consent of an adult ward to commit actions in accordance with Article 33 of the Civil Code of the Russian Federation.

Guardian's allowance and child benefits

The duties of guardianship and trusteeship are performed by the guardian (custodian) free of charge. The state pays monthly funds for the maintenance of the child, in accordance with the standard established in the region. IN Samara region currently the payment is 6844 rubles for each child.

The guardian receives monthly allowance for the child established by law, and the guardianship and guardianship authorities are obliged to regularly monitor the conditions of maintenance, upbringing and education of the child, to facilitate the organization of his education, recreation and treatment. After reaching the age of 18, the child retains the right to receive housing in case of his absence. Children under guardianship or guardianship have the right to:

  • upbringing in the family of a guardian or trustee, care by the guardian or trustee, living together with him, except for the cases provided for in paragraph 2 of Article 36 of the Civil Code of the Russian Federation;
  • providing them with conditions for maintenance, upbringing, education, comprehensive development and respect for their human dignity;
  • alimony, pensions, allowances and other social payments due to them;
  • preservation of the right of ownership to a dwelling or the right to use a dwelling, and in the absence of a dwelling, they have the right to receive a dwelling in accordance with housing legislation;
  • protection from abuse by a guardian or trustee.

Features of guardianship or guardianship:

  • guardianship or guardianship is established legal act local self-government bodies (order) until the child reaches the age of majority;
  • guardianship or trusteeship may be established for a certain period;
  • paid for the maintenance of a foster child cash;
  • annually, guardians or custodians must provide a report on the storage, use of the property of the ward and on the management of such property;
  • guardianship and guardianship authorities exercise regular control (supervision) over the conditions of maintenance, upbringing and education of the child;
  • guardianship and guardianship authorities assist the guardian in organizing education, recreation and treatment of the ward;
  • parents are not released from the obligation to support the child and must pay alimony;
  • a child placed under guardianship or guardianship retains the right to the alimony, pension, allowances and other social payments due to him;
  • the appearance of a candidate for adoption of a child is possible;
  • returning the child to the parents.
  • the transfer of a child into custody is not a secret protected by law;
  • the relatives of the child have the right to communicate with him.

Requirements for the Appointment of a Guardian or Trustee
1. Guardians and Trustees Only adults of legal capacity may be appointed. Citizens deprived of parental rights, as well as citizens who, at the time of establishment of guardianship or guardianship, have a conviction for an intentional crime against the life or health of citizens, cannot be appointed guardians and trustees.
2. When appointing a guardian (trustee) to a child, the moral and other personal qualities of the guardian (trustee), his ability to perform the duties of a guardian (trustee), the relationship between the guardian (trustee) and the child, the attitude towards the child of family members of the guardian (trustee), and also the desire of the child himself.
3. Persons suffering from chronic alcoholism or drug addiction, persons suspended from the duties of guardians (trustees), persons limited in parental rights, former adoptive parents, if the adoption is canceled due to their fault, as well as persons who, due to due to health reasons, they cannot fulfill the duties of raising a child.

The list of diseases in the presence of which a person cannot adopt a child, take him under guardianship (guardianship) foster family
(approved by Decree of the Government of the Russian Federation of 01.05.1996 N 542)

  • Tuberculosis (active and chronic) of all forms of localization in patients with I, II, V groups of dispensary registration
  • Diseases internal organs, nervous system, musculoskeletal system in the stage of decompensation
  • Malignant oncological diseases of all localizations
  • Drug addiction, substance abuse, alcoholism
  • Infectious diseases before deregistration
  • Mental illnesses in which patients are recognized in the prescribed manner as incapacitated or partially incapacitated
  • All diseases and injuries that led to disability of groups I and II, precluding working capacity

In what cases can a child be assigned a guardian or custodian?
The child may be appointed guardian if:

  • death of parents (declaration of parents as deceased, which is carried out by the court according to legal consequences equates to death)
  • deprivation of their parental rights;
  • restrictions on their parental rights;
  • recognition of parents as incompetent;
  • illness of parents;
  • prolonged absence of parents;
  • evasion of parents from raising children or protecting their rights and interests;
  • refusal of parents to take their children from educational, medical institutions, institutions social protection population and other similar institutions;
  • stay of parents (parent) in places of deprivation of liberty.
  • the birth of a child in persons under the age of 16 (Article 62 of the Family Code of the Russian Federation)
  • for other reasons, recognizing a child as left without parental care in the manner prescribed by the legislation of the Russian Federation

Departments dealing with issues of guardianship or guardianship:

on the territory of the Avtozavodsky district 16 Ordzhonikidze boulevard, tel. 54-44-29;
- department for the implementation of guardianship and guardianship on the territory of the Central and Komsomolsky districts Department of Family Affairs, Guardianship and Guardianship of the City Hall of Togliatti, located at: b-r Lenina, 15, tel. 54-38-57;
- Department of Identification and Arrangement of Minors of the Department for Family Affairs, Guardianship and Guardianship of the Mayor's Office of Togliatti, located at: st. Mira, 43, tel. 54-30-28.

Grounds for termination of guardianship and guardianship

The grounds for termination of guardianship and guardianship are provided for in Art. 39 and 40 of the Civil Code of the Russian Federation. All bases can be divided into three groups:
1. "Automatic" termination:

    • the achievement by a minor of 14 years of age terminates guardianship, the achievement of 18 years of age terminates guardianship;
    • the entry of a minor into marriage terminates guardianship;
    • the emancipation of a minor terminates guardianship;
    • the achievement of the age of majority or the acquisition of full civil capacity by a minor parent terminates custody of his child;

2. Release of the guardian or trustee from the performance of duties:

    • release from performance of duties in the presence of valid reasons;
    • return of the minor to his parents;
    • adoption of a minor;
    • placement of the ward in an appropriate educational institution, institution of social protection of the population or other similar institution (not a mandatory basis for all cases).

3. Suspension of a guardian or custodian.

    • performance by the guardian (custodian) of powers for personal gain;
    • leaving the ward without supervision and necessary assistance;
    • other improper performance by the guardian or custodian of his duties.

foster family

foster family- form of family placement of children; combines the features of a children's institution, guardianship and adoption; a foster family can be a solution to the problem of employment of parents. This is a form of raising a child (children) at home with a foster parent. This form family arrangement has been legalized since 1996 by the Family Code of the Russian Federation.

The procedure for creating a foster family

A foster family is formed on the basis of an agreement on the transfer of a child for upbringing, which is concluded by the guardianship and guardianship authority with foster parents.

The transfer of the child to the family takes into account his opinion and with the consent of the administration of the children's institution in which he is. The transfer of a child who has reached the age of 10 is carried out with his consent. In practice, difficulties often arise when registering a child with a family living in another district or city. The fact is that payments for the maintenance of the child are made from the budget of the district where he was registered.
Bodies considering the placement of children in a foster family:
- Department for the organization of activities for guardianship, guardianship and adoption Tolyatti, st. Golosova, d. 99, room. 8, tel. 54-37-69.
- Department of identification and placement of minors Department of Family Affairs, Guardianship and Guardianship of the Mayor's Office of the Togliatti City District at the address: Togliatti, b-r Lenina, 15, tel. 54-33-14, 54-44-69.

Status of the child and his age

There are no restrictions on placing a child in a family. It is possible to place a child with poor health, developmental disabilities, or a disabled child in a foster family. Children with siblings are usually placed in the same family.

Requirements for adoptive parents

Adoptive parents may be adults of both sexes, with the exception of persons recognized by the court as incapable or with limited capacity; deprived of parental rights or limited by the court in parental rights; dismissed from the duties of a guardian (custodian) for improper performance of the duties assigned to him by law; former adoptive parents, if the adoption is canceled by the court due to their fault; having diseases in the presence of which it is impossible to take a child to be brought up.

Rights and obligations of adoptive parents

These are the legal representatives of the child, who are obliged to educate him, take care of his health, development, create conditions for him to receive an education, and prepare him for an independent life. In such a family there can be up to eight children, including biological ones. A child in a foster family has the right to maintain contact with biological parents and relatives.

Cash payments to foster parents and benefits for the child

adults receive wages. For the maintenance of each child, they are paid funds for food, clothes, shoes and other needs. A child placed in a foster family retains the right to alimony, a pension (on the occasion of loss of a breadwinner, disability) and other payments and benefits in accordance with the law, including receiving housing upon reaching the age of 18.
The state pays monthly funds for the maintenance of the child, in accordance with the standard established in the region. In the Samara region, the payment is currently 6,844 rubles for each child.
The foster family enjoys the priority right to receive vouchers for children (including free ones) to sanatoriums, health camps, and rest homes.

Further device of the child

A child placed in a foster family, if he has the appropriate status and if a candidate appears who wants to adopt him, may be transferred to the adoptive parent by a court decision.

How to create a foster family?

The list of documents and the procedure for finding a child are the same as for adoption and guardianship. If you have a desire to take one or more children (but not more than eight) for upbringing, then you need to contact the guardianship and guardianship authority at your place of residence with a statement in which you ask for an opinion on the possibility of being foster parents.

After examining the submitted documents, on the basis of an act of examining the living conditions of your family, the guardianship and guardianship authority, within 20 days from the date of application, prepares a conclusion on the possibility of becoming a foster parent. This is the basis for the selection of a child for the purpose of his transfer to a foster family.

After you have made a decision that the child will live with you, write an application with a request to transfer him to the family, attach to it a conclusion on the possibility of being a foster parent. After that, an agreement is concluded on the transfer of the child for upbringing to a foster family between the guardianship and guardianship authority at the place of residence (location) of the child and the adoptive parents.

The contract also provides for the payment of foster parents. But the amount of payment is determined by the regional law on the remuneration of foster parents. Children are paid funds for their maintenance.

Wards and adopted children, unlike adopted children, enjoy benefits that are provided for by both federal and regional laws. These may be educational benefits, medical service, purchasing vouchers, getting housing if the child does not have it.

  • Atronate / Mentoring

patronage

patronage- family form of placement, providing for the temporary transfer of the child to a specially trained family; the main purpose of this form is the socialization of the child, gaining experience of life in the family; patronage can be a solution to the problem of employment of parents.

Procedure for placing a child in a family

It is established on the basis of the conclusion of an agreement between foster caregivers, guardianship and guardianship authorities and a children's institution (or an authorized service) on the division of powers and responsibilities for the child.

Status of the child and his age

A child is transferred to patronage, regardless of his age, status and condition, who temporarily needs a foster family or special conditions for his support and accompaniment.

Requirements for foster carers

Foster education is professional work, so the requirements for the educator are similar to the requirements for the educator orphanage. A patronage educator - actually an employee of an orphanage - must undergo special training, and also be ready to cooperate with specialists, discuss emerging problems, and, if necessary, to change their lifestyle in the interests of the child.

Rights and obligations of patronage educators

Patronage can be short-term (from one day to six months) and long-term (from six months or more). The patronage educator is obliged to carry out the plan developed by specialists to protect the rights of the child. At the same time, specialists from the orphanage or authorized service provide psychological, pedagogical and medical and social support for the child and family. The child maintains contact with biological parents and relatives.

Cash payments to foster carers and benefits for the child

Adults receive a salary, they are credited with seniority, they are granted leave in accordance with labor legislation. They are also paid a child support allowance, earmarked funds for repairs, purchase of furniture, etc. Children retain all the benefits due to their status.

Further device of the child

He may be removed from the foster family by decision of the parties. If it is not possible to give a child up for adoption, short-term patronage usually turns into a long-term one. Often he remains in the same family, that is, patronage is used as a transitional form for guardianship or adoption after the child receives the appropriate status. When transferring for adoption, the priority right is given to the foster caregiver in whose family he is brought up.

Mentoring

Mentoring- it is also called a weekend family, a vacation family: the child is taken to the family for a while, and then returned to the orphanage; the main purpose of this form is the socialization of the child, gaining experience of life in the family

Family placement procedure

It is established by concluding an agreement between the family and the children's institution on the division of powers and responsibilities for the child. The desire of the child when placing in a family is necessarily taken into account.

Status of the child and his age

Such a form, according to experts, can be useful only for older children who are able to consciously perceive the situation - it provides invaluable experience of living in a family, communication and support of friendly adults. But for a child under 11-12 years old who dreams of a family, father and mother, returning to an orphanage can be a serious trauma.

Requirements for mentors

The requirements for them are less stringent than for foster caregivers. However, they must receive special training, and also be ready to cooperate with specialists, to discuss emerging problems.

Rights and obligations of mentors

Adults are required to comply with a plan developed by specialists to protect their rights while they have a child.

Further device of the child

Mentoring a child can be a stepping stone to another form of arrangement, such as long-term foster care or adoption, if the child's status allows it. Even if this does not happen, staying in a family, as a rule, has a positive effect on the child, because for him it is an opportunity to stay outside the walls of the children's institution for some time, expand his social circle, and make friends.

A PHOTO Getty Images

“I want to adopt a foster child, but I’m not sure if I’m ready for the role of a mother” (Maria). “We lost our son three years ago, I would like to take the baby from the orphanage, but my husband is against it” (LANA). “The doctors said that I would not have children. Mom says that she will be glad to have a foster grandson, but I don’t even know ... ”(Lena_31). These are remarks from various forums about adoption.

People want to adopt foster children for various reasons. Do these reasons matter for the future relationship with the child? Psychologist Larisa Rudneva, head of the project “Together for Children. School of foster parents.

Mission is to help

“All candidates for foster parents command the deepest respect. We psychologists don't take it upon ourselves to make a judgment that this one fits and that one doesn't. When candidates come to our School, I tell them: “You and I become employees. We will share the knowledge we have. We want to be useful in your noble and difficult cause.

And the first thing we will pay attention to is motivation: the reasons why you want to take a foster child into the family. And the extent to which you are aware of these reasons.

In 2016, we opened the ninth group. More than 100 candidates for foster parents have already received from our hands a state certificate, which gives the right to accept a child into a family. And these are the motives I most often meet in my practice.

1. Parents with experience

Often adult couples want to become adoptive parents. They have many years behind them. life together, there are children - one, two or more - who have already grown up and become so independent that they need minimal help, support, and attention from their parents. And the parents themselves have enough strength, attention and resources to raise more children.

As a rule, these are elderly couples who, due to their age, cannot or have decided not to have children anymore, but at the same time they understand that they are ready to give care, support and love to those children who find themselves in a difficult situation.

Such a motive inspires respect and complacency among psychologists. This is the motive of mature personalities, it is stable, they have weighed everything and decided and are unlikely to change their minds under the influence of new circumstances. They have a lot of parenting experience, they know that problems happen, but there are no unsolvable problems, they can be dealt with.

2. Parents with loss

The second category is couples in heavy emotional state such as parents who have lost their children. This is the strongest, the biggest pain that can befall a person. In this case, we, psychologists, will make every effort, knowledge and skill to help cope with this pain so that it does not turn into a black abyss that sucks in both parents and children who may appear in this family. In such cases, we strongly recommend psychological help and we are very supportive of such couples when they decide to go to an orphanage and start helping children to begin with as volunteers. Such work helps them to better understand how they feel when communicating with children, and to realize how ready they are for the role of foster parents.

3. Parents with no experience

The third category of adoptive parents are couples who, for some reason, cannot have their own children. Most often these are people who took a long time to decide to take a foster child. And we, psychologists, try to make this decision from a hypothetical, ideal one to the most practical and understandable. Therefore, a lot of attention in our School is given to trainings. At the trainings, future adoptive parents play typical family situations, discuss them and gain communication skills with children.

Learn about your resources

Every tenth couple in Russia, due to the inability to give birth and raise their babies, is faced with the process of adopting a child from an orphanage. In practice, it has been shown that orphans are closest to foster parents in new family, they are loved the most, and adoptive parents get a tremendous opportunity to become full-fledged parents.

If you want to adopt a child, you can go to this site https://www.babyblog.ru/community/lenta_cat/adoption/13910 . Here is a catalog of photographs of children from the orphanage who are looking for their parents.

And on this site https://changeonelife.ru/ you can not only choose a baby house, but also make a donation for the prosperous life of orphans.

Both residents and non-residents of the Russian Federation can adopt a child from an orphanage. There is one system under which you can adopt a child from an orphanage, as well as laws that control this system.

Usually, young parents try to adopt a child under one year old. This suggests that the child in these years does not know his real parents, which means that you can not tell him the truth. For such purposes, an infant up to a year old can be adopted and permission to be entered on the certificate can be obtained. new date birth.

Children who can be adopted

Only minors can adopt children, taking into account their interests and opportunities to provide them with a full life.

You can adopt a child if the biological parent or both parents:

  • abandoned it;
  • died;
  • recognized as missing;
  • recognized as unemployed;
  • deprived of parental rights;
  • do not live with the child and refuse to raise him;

Different families cannot adopt brothers and sisters, except in situations where the adoption is for the benefit of the children (for example, they do not know about the existence of blood brothers and sisters, did not live together, are in different houses babies).

Only the court can agree to the adoption of a child. On some day, a trial is carried out, which announces the final decision on adoption. If the court made a positive decision, the baby is issued a birth certificate, where the name of his adoptive parents will be written.

If the court decision is not in your favor, it can be appealed to higher authorities, but usually the adoption procedure is successful for adoptive parents.

Requirements for adoptive parents

The law spells out the requirements for the adoptive parent, but in reverse order, indicating the most important points.

If these items are available to foster parents, they may rightfully be denied:

  • faces who were declared unemployed;
  • spouses, one of which is recognized as unemployed;
  • faces who have been deprived of parental rights;
  • faces who cannot be guardians by decision of a judicial institution;
  • adoptive parents in the past whose adoption the court rejected by their mistake;
  • faces who cannot exercise parental rights for health reasons;

Collection of documents

To adopt a child from a baby home, it is important to collect a package of documents:

  1. You must write an application to the guardianship service.
  2. Duplicate passports of adoptive parents.
  3. income documents.
  4. Written consent to adoption, certified by a notary.
  5. Medical report on the state of health.
  6. Documents on the availability of living space.
  7. The employer must write a description of the adoptive parents.

Adoption payments

The amount of payments for adoption should be indexed every year along with annual inflation, because in 2016 such a payment officially amounts to 15 thousand rubles.

This amount can increase to 100 thousand rubles if you adopt children of a special category, which include:

  • disabled people who have not reached the age of majority;
  • to kid turned 7 years old;
  • simultaneous adoption 2 or more children;

Trial

Trial adoption is carried out in a closed form. It can only be attended by those people who participate in litigation and related to adoption. Outsiders should not be. If the adoptive parents want to keep the adoption secret, then each participant signs a non-disclosure document.

The court considers the case in the presence of the prosecutor, applicants, guardianship authorities. By the way, the court can conduct the process without a representative of the baby house. The litigation begins with a personal check of each participant.

The court makes a decision after the end of the case. He makes a decision in the name of the Russian Federation. The decision is signed by the judge. If you disagree with the decision, you can contact the higher authorities.

Governmental support

Law of the Russian Federation Art. 10 "On the State Budget" for the period of 2016, prescribes the amount of indexation of federal benefits to persons who have adopted children, amounting to 15 thousand rubles.

The amount of the allowance is paid together with the regional indicator. Adoptive parents may be granted benefits and additional payments.

An allowance is paid every month in the Russian Federation. To resolve the issue of assigning benefits, contact the department of guardianship and guardianship, which is located at the place of permanent registration. The allowance is paid at the place of registration.

Foster parents can apply for compensation, which is assigned in amounts:

  1. For the first child the amount is 20% of the parent's salary, which is taken for the maintenance of the child in a special educational institution.
  2. For the second child the amount is 50% of the parent's salary.
  3. For the third child the amount is 70% of the parent's salary.

Get a lawyer's answer in 5 minutes

Friends, alas, in our time, before finding the long-awaited happiness, it is necessary to go through many instances and obstacles. Adoption is associated with huge amount formal procedures. To help you in this difficult but very rewarding task, we are republishing the material provided to us by the Change One Life Foundation.

And today we will touch on several topics at once, the most important for parents who decide to adopt a child:

Who can become a guardian and what is the SPR
- We collect documents
- Communicating with guardianship authorities
- We are looking for a child and arrange custody
- Getting ready for a new life
- Establishing a foster family

Introduction: guardianship or foster care

With varieties of forms of family structure in Russian legislation everything is much easier than it seems. And it seems that everything is complicated, mainly because the media confuses us. Incompetent journalists call all children who have found parents indiscriminately “adopted”, and all families who have taken such children for upbringing are called “adopted”. Whereas in reality, foster parents do not adopt children, but take them under guardianship. But reporters have no time to understand such subtleties - so they form one stereotype after another.

By by and large, there are only two types of family arrangement in Russia - adoption and guardianship. Legal relations between adults and a child during adoption are regulated mainly by the Family Code of the Russian Federation, and during guardianship (as well as guardianship and foster family) - Civil Code. guardianship from guardianship

differs by the age of the child (over 14 years old), and foster family is a paid form of guardianship when the guardian receives remuneration for his work. In other words: the creation of a foster family is always based on the registration of guardianship or guardianship of a child. Therefore, for ease of perception, further the phrases “foster family” and “foster parent”, as well as “guardianship” and “trustee” will only occur where it is impossible to do without them. In all other cases - "guardianship" and "guardian".

Despite the fact that adoption is considered a priority form of family placement in the Russian Federation, today more and more citizens who want to adopt a child with a difficult fate into their family choose guardianship and its derivatives. Why? based on the interests of the child. After all in the case of registration of guardianship, the child retains his orphan status, and, consequently, all the benefits, payments and other benefits due from the state.

Choosing between adoption and guardianship, many parents put the material side of the issue at the forefront. In many regions, adoptive parents receive substantial lump-sum payments. For example, residents of the Kaliningrad region can receive 615,000 rubles to purchase a dwelling on the right of ownership of an adopted child. And in the Pskov region they give out 500 thousand rubles without any restrictions on their use. And not only to Pskov residents, but to adoptive parents from any region.

In addition, since 2013, when adopting sisters and brothers, or disabled children or adolescents over 10 years old, the state pays parents 100 thousand rubles at a time. And if adopted child- the second in the family, then parents can also apply for maternal capital. All these payments are a good help to improve the living conditions of the family. But, as mentioned earlier, an orphan in the case of adoption becomes an ordinary Russian child, losing all "orphan capital", including their own housing.

On the other hand, for a child, especially an older child, it is extremely important to realize that he is not “custodial”, but adopted - that is, he has become a family not only in the hearts of loved ones, but also documented. However, quite often it is simply impossible to prefer adoption: if there are restrictions on the forms of family arrangement. So, if the baby's biological parents are not deprived of parental rights, but only limited in them, then only two forms of arrangement will be possible for the child: guardianship (guardianship) or a foster family.

Choosing between paid and free form guardianship, many wealthy families choose the second option - they say, why should we receive a reward for raising a child, we will raise him for free. Meanwhile, this small (3-5 thousand rubles a month, depending on the region) money can be used to create the child’s own savings - after all, no one bothers to open a replenishable deposit in the name of your ward, and form a decent amount by his age: for a wedding , study, first car, etc.

Guardianship or foster family? The choice always remains with those adults who make the responsible decision to accept a child with a difficult fate into their family. The main thing is that this choice should be made in the name of the child and in defense of his interests.

Who can become a guardian and what is the SPR

The question in the title of this section could be answered briefly: "any adult capable citizen of the Russian Federation." If not for some "exceptions".

So, before collecting documents for registration of guardianship, make sure that you do not:

1) have been deprived of parental rights.

2) were limited in parental rights.

3) were suspended from performing the duties of a guardian (custodian).

4) were the adopter and the adoption was canceled due to your fault.

5) you have an unexpunged or outstanding conviction for grave or especially grave crimes.

6) * have or had a criminal record, or are or have been subjected to criminal prosecution for crimes against life and health, freedom, honor and dignity of a person (with the exception of illegal placement in a psychiatric hospital, slander and insult), sexual integrity and sexual freedom of a person, as well as for crimes against the family and minors, public health and public morality and public safety(* - this item can be ignored if criminal prosecution terminated on exonerating grounds).

7) are married to a person of the same sex registered in any state where such a marriage is permitted, or are not married to a person of the opposite sex, being a citizen of the said state.

8) suffer from chronic alcoholism or drug addiction

9) cannot exercise parental rights due to health reasons**.

10) live together with persons suffering from diseases that pose a danger to others***.

** - lists of these diseases can be found in Appendix 2
*** - lists of these diseases can be found in Appendix 2

Another important point without the “not” particle: a citizen applying for the high rank of guardian must undergo psychological, pedagogical and legal training - have a certificate from the School of Adoptive Parents (SPR).

What does the training in the PDS give in addition to the desired certificate? Schools of host parents set themselves many tasks, the first of which is to help candidates for guardians in determining their readiness to receive a child, in realizing the real problems and difficulties that they will face in the process of raising a child. In addition, the SDS identifies and develops in citizens the educational and parenting skills necessary, including for protecting the rights and health of the child, creating a safe environment for him, successful socialization, education and development of the child.

However, you will not be obligated to undergo training at the SPR if you (in accordance with Article 146 of the Family Code of the Russian Federation):

You are or were an adoptive parent and the adoption has not been canceled for you.

Are or have been a guardian (custodian), and have not been suspended from the performance of the duties assigned to you

A close relative of the child****.

**** - read about the benefits of close relatives in Appendix 3

Education at the School of Adoptive Parents - free. The guardianship and guardianship authorities of your region should take care of this, and they will also issue a referral to the SPR. In the process of completing the program, which, by the way, must be approved by the Ministry of Education and Science, you may be offered to undergo a psychological examination - pay attention - with your consent. The results of this survey are advisory in nature and are taken into account when appointing a guardian, together with:

Moral and other personal qualities of the guardian;

The ability of the guardian to perform his duties;

The relationship between the guardian and the child;

The attitude towards the child of the family members of the guardian;

The attitude of the child himself to the prospect of upbringing in the family offered to him (if this is possible due to his age and intelligence).

The desire of the child to see a certain person as his guardian.

The degree of relationship (aunt / nephews, grandmother / grandson, brother / sister, etc.), property (daughter-in-law / mother-in-law), former property (former stepmother / former stepson), etc.

We collect documents

Are you sure none of the exceptions or circumstances listed in the previous chapter prevent you from becoming a guardian? Then it remains to prove this to the guardianship and guardianship authorities by providing them with information about yourself.

If you want to get guardianship as soon as possible (and most host parents want just that), then it’s better not to wait until guardianship and guardianship specialists request information from the Ministry of Internal Affairs, the Ministry of Justice, medical and other organizations. Start acting on your own: collecting documents can be done in parallel with training at the PDS. The necessary forms can be obtained from guardianship and guardianship specialists, or you can print it yourself*.

* - look for sample documents in Appendix 4

There are not so many documents separating you from the conclusion of the guardianship and guardianship authority on the possibility of being a guardian. Another question is that some of the "papers" are given dozens of hours of queues in different institutions. Therefore, to save time and nerves, it is extremely important to understand what documents need to be dealt with in the first place.

So, when collecting documents, it is advisable to adhere to the following order:

1. Medical opinion. This item requires most explanations. First, a medical examination of potential guardians is carried out is free. If any of the healthcare institutions in your city do not agree with this, you can safely refer to the order of the Ministry of Health of the Russian Federation No. 332 of September 10, 1996. Secondly, the same order also introduced form No. 164 / y-96, on which you have to collect two dozen seals and stamps. In total, it provides for the conclusions of eight specialist doctors - a narcologist, a psychiatrist, a dermatovenereologist, an oncologist, a neurologist, an infectious disease specialist, a therapist - plus the signature of the head physician of the clinic at the place of your registration. As a rule, all doctors meet halfway, and put their “not detected” as quickly as possible. At the same time, as in any bureaucracy, incidents are possible. So, in some cities, they will not be allowed to see a narcologist and a psychiatrist before undergoing a fluorography. And without the stamps of these specialists, the infectious disease specialist will refuse to talk to you, whose test results have to wait up to two weeks. It is advisable to ask about all this those who have already undergone such a medical examination in your region. And plan the “chain” that is optimal in terms of time and logic.

2. Help from information center MIA(no criminal record, etc.). The police have the right to produce this document within a month, but, as a rule, they also work more quickly when the request is made by the future guardian - especially if you have been registered in one subject of the Russian Federation all your life.

3. Income statement for 12 months. Much here depends on the accountant at your place of work, and financiers, as you know, are wayward and focused people. They may also delay the issuance of a 2-personal income tax statement if the quarterly report does not allow you to be distracted by such trifles. Therefore, it is better to request a document in advance. If you do not have an income (only one spouse works), then the personal income tax of the husband / wife will do. Or any other document confirming income (for example, a bank statement of account movements).

4.Document from public utilities - HOA / DEZ / UK - at the place of registration. A copy of the financial personal account or other document confirming the right to use the residential premises or the right of ownership to it.

5. Written consent of all adult family members to accept the child into the family(taking into account the views of children living with you who have reached the age of 10). Written in free form.

6. Autobiography. The usual resume will do: born, studied, career, awards and titles.

7. Copy of marriage certificate(if you are married).

8. Copy of pension certificate(SNILS).

9. Certificate of completion of training and (SPR).

10. Application for the appointment of a guardian.

In some regions of Russia, the entire package of documents can be sent via the Internet using the Unified Portal of Public Services. But it is better, of course, to bring the documents in person, taking your passport with you. And get acquainted with those specialists of the guardianship and guardianship authority, who will subsequently congratulate you on the addition to the family.

Please note: absolutely all documents, their copies and other information necessary for establishing guardianship are provided is free. The "shelf life" of the most important documents (points 2-4) is one year. The medical report is valid for six months.

Communicating with guardianship authorities

So, your package of documents is in the guardianship and guardianship authorities.

va. But even if all the documents are perfect, in order to register you, the last document is not enough, which the specialists will produce themselves after a visit to your home. This visit must take place within 7 days after the submission of the main package of documents. It's about on the act of examining the living conditions of a citizen who has expressed a desire to become a guardian.

In this act, the guardianship and guardianship authority evaluates “the living conditions, personal qualities and motives of the applicant, his ability to raise a child, and the relationships that have developed between family members.” In practice, it looks like this: experts come to visit you, and, inspecting the housing, ask additional questions and fill out their form, where they make the necessary notes. To curry favor with specialists or, conversely, to stand in a pose, annoyed by the interference of outsiders in privacy, makes no sense. Just tell it like it is. If there are obvious shortcomings (for example, lack of space for activities, toys) - share plans for how you are going to fix it. The truth is always the best choice.

It happens that the specialists of the guardianship authorities are not satisfied with the footage of living space per child. Sometimes the "crowding" is imaginary: when the number of people registered in the apartment exceeds the number of citizens actually living. It is easy to prove this by providing additional documents confirming the residence of the "absent" at other addresses. If there are really few meters (the standards for the minimum living space in each region and municipality are different, and tend to increase), but the conditions for the child are comfortable, then the guardianship and guardianship authority must proceed from the interests of the child. It would be useful to recall the December presidential decree “On certain measures to implement public policy in the field of protection of orphans and children left without parental care”. It talks about lowering the requirements for the standard area of ​​​​living space when placing children for upbringing in a family. If this does not help, the approved survey report can be challenged in court.

The examination certificate is drawn up within 3 days, after which it is approved by the authorities, and sent to you - within another 3 days. And only after that, the guardianship and guardianship body connects the entire package of documents and issues a conclusion on the possibility of a citizen to be a guardian. This may take up to 15 days. In case of a positive decision, this conclusion will become the basis for registration - an entry in the journal is made within 3 more days.

The conclusion on the possibility of being a guardian is a document valid for two whole years throughout Russia. With it, you can apply to any guardianship and guardianship authority or to any regional operator Federal database with a request for the selection of a child. Based on the same conclusion, the guardianship and guardianship authority at the place of residence of the child will draw up an act on the appointment of you as a guardian.

We are looking for a child and arrange custody

We have repeatedly talked about how to find “your” baby (or not a baby at all). If you intend to take a child into your family in your region, you can search officially, through the regional operator of the Federal Database (FBD). But if you are ready to go for a child even across the whole country, and look for him everywhere at the same time, this option will not work, because you will not be able to apply to the second operator until the first one fulfills your request. In addition, the search with the help of regional operators is designed so that you need to select a number of parameters - the age of the child, the color of the eyes and hair, the presence of brothers and sisters, etc.

In practice, many happy and successful adoptive parents ended up taking into the family not at all the children they planned to find. Everything was decided by the visual image of the child - once seeing video or a photo, the parents could no longer think of anyone else, and completely forgot about those preferences that they had imagined for themselves. So, babies with "unpopular" eye and hair colors, with bouquets of diseases, along with brothers and sisters, left for families. After all, the heart does not understand the FBD parameters.

You can not only see, but also hear the voice of your unborn child in the database of video questionnaires "Change one life" - the largest in Russia. In a short video you will see how a child plays, moves, what he can do and hear what he lives and dreams about.

After the child is found, you are obliged to get to know him and establish contact, and you also have the right to familiarize yourself with documents from the child’s personal file and study the medical report on his state of health. To do this, you need to send an application to the relevant regional operator and fill out a questionnaire. Within 10 days, you will be given information about the child. And if you are ready to go further - referral to acquaintance.

Suppose everything ended well: you visited the child several times, perhaps even asked him for a short walk, and established the very “contact” that was mentioned in the direction. Then the most important thing remained: to issue an act on the appointment of a guardian.

This act is attention! - issued by the guardianship and guardianship authority place of residence of the child. If the boarding school or orphanage where the child is being raised is far away, try to negotiate with specialists so that they try to accept the application and draw up the act in one day - otherwise you will have to travel to a remote locality twice. The fact is that after accepting your application, the guardianship and guardianship authority will need to do a few more time-consuming things: request information from the institution where the child is being raised, and also hold a board of trustees. As a rule, it takes another 2-3 days.

If everything goes well, you will be invited to the body

guardianship for obtaining the act and certificate of the guardian, and the institution will prepare the child and his documents.

Getting ready for a new life

So, we can congratulate you: you have been issued a certificate of a guardian, and the child leaves the boarding school and goes to a family!

Together with the child, you will be given a couple of kilograms of documents from his personal file* against signature. Do not rush to put them in folders: at home you will only have a part of the documents: the student file (if any) will go to school, and the rest will go to the archive of the guardianship and guardianship authority at your current place of residence(registration) where you have yet to register.

* - you can find the list of the child's documents in Appendix 5

In the same place, you will write an application for the payment of a lump sum to you (today it ranges from 12.4 to 17.5 thousand rubles - depending on the region) and, if you wish, an application for creating a foster family. After you register, you have to perform a number of actions - such as opening a current account in the name of the child (obtaining a Savings Book), temporary registration of the child at your place of residence, filing an application for tax deduction etc. All this will be told to you by specialists of guardianship and guardianship authorities. And they will also have to give you an order - permission to spend the money transferred monthly for the maintenance of the child.

If a child school age- you will also need to enroll him in school (it is better to take care of this in advance), inclusion in preferential lists for summer rest. If you plan to travel abroad, take care of obtaining a passport for a minor. If the child has savings, transfer them to a profitable replenishable deposit in a reliable bank.

There will be a lot of trouble, but most of them are pleasant. After all, these are the first manifestations of caring for the child and protecting his interests by you, already as his legal representative.

Setting up a foster family

If you nevertheless decide to arrange a foster family, then for this you need to return to the specialists of the guardianship and guardianship authority and draw up an appropriate contract. The contract is concluded within 10 days from the date of appointment of you as a guardian and must provide for:

1. information about the child or children being brought up in a foster family (name, age, state of health, physical and mental development);

2. the duration of the contract (i.e. the period for which the child is placed in a foster family);

3. conditions of maintenance, upbringing and education of the child or children;

4. rights and obligations of adoptive parents;

5. rights and obligations in relation to the foster parents of the body of guardianship and guardianship;

6. grounds and consequences for the termination of such an agreement.

As soon as the contract is signed, gratuitous guardianship turns into paid. And now, not the certificate of the guardian, but the order to create a foster family will become the main document saying that you are the legal representative of the child.

At the office of the guardianship and guardianship authority, you will have to write another application - for the payment of a monthly remuneration. As a rule, it is equal to the size of the minimum wage in the region. If specified in the contract, then you may also be paid remuneration from the income from the child’s property, but not more than 5% of the income for reporting period during which the adoptive parent managed the property.

The contract can be concluded both in relation to one child, and in relation to several children. Please note that in the event of a change in registration at the place of residence of the child, the contract is terminated and a new one is concluded.

In preparing the material, the data of the manual “Social and legal foundations for the placement of children left without parental care in family forms of education” were used (Family G.V., Golovan A.I., Zueva N.L., Zaitseva N.G.), prepared with the assistance of the Ministry of Education and Science of the Russian Federation and the Development Center social projects, and taking into accountfederal law as ofas of October 1, 2013.